We have previously discussed the claim of President-elect Joe Biden that he will impose a nationwide mask mandate. While most of what Biden promised as part of his pandemic plan (like free vaccinations) are already part of the federal plan, Biden insistence that he would impose a nationwide mask mandate was a distinction between the candidates during the campaign. The pledge was questioned by some of us in terms of the federal authority to enforce such a mandate. Now, Biden is emphasizing the mandate in his transition and his new Chief of Staff Ron Klain seemed to make a considerable qualification last night in an interview with MSNBC’s Lawrence O’Donnell. Klain is now clarifying that the Biden Administration would fulfill its promise of a national mandate only “where the federal authority extends.” He then added that they would simply “urge” states to follow suit. That again sounds like what is currently being done by the CDC and what is already required in federal buildings, enclaves, installations, and bases. A presidential urging is a considerable downgrade from a federal mandate. Legally, it is like going from a promise of a moon shot to a promise to visit the local planetarium.
In the interview, Klain says that Biden has promised that on “his first day in office, I will issue a nationwide masking mandate, requiring that people wear masks where the federal authority extends and then urging governors and other local officials to impose mask mandates in their states.”
That is not quite what he promised. It was not a national “urging” but a mandate. Biden at first recognized the question over such authority but then announced that he was told by his lawyers that he has the authority to impose a nationwide mandate. Those changed positions were hit by the Trump campaign.
Biden campaigned on the assurance that he could impose the national mandate. Now, after the election, he seems to be acknowledging that he does not have such authority.
Just as I criticized President Donald Trump for overstating his authority in the pandemic, I have questioned Biden’s claims that he could impose the national mask mandate. There is no law that expressly affords him that power as president. We have discussed Section 361 of the Public Health Service Act (PHSA), but that law grants the Secretary of Health and Human Services (and designated subordinates in the CDC) authority to make and enforce regulations necessary “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.”
A national mandate would push that language to the breaking point. It would change the meaning of interstate border protections into a sweeping right to regulate the intrastate conduct of citizens. Even if the law could be construed to hold such a meaning, it would raise the same federalism issues that we discussed earlier.
Now Klain seems to suggest that Biden would only order the wearing of masks in federal properties and enclaves. That is already being required by the CDC in federal buildings with signs like this one. The Biden Administration could change it to read “REALLY DO CHOOSE MASKS” but the mandate is already in place for federal buildings. Likewise, thirty-four states are already mandating masks. Some are not. It is not clear how this “urge” for the 16 remaining states differs dramatically from what the Trump Administration has stated. He may view the past calls as merely a “nudge” rather than an “urge” but the difference is hard to discern. What is clear is that Biden did not want to run on a national urging policy.
Cloth masks are helpful but not as effective as N95s. The federal government should mandate and assist every state to stockpile and distribute adequate PPE in the event of a pandemic.
Two moonshot questions:
1. If the COVID-19 infection fatality rate were much higher, would the Executive branch still lack the authority to impose a mask mandate on all of the at-risk states?
2. What if this were a biological weapon, and Congress declared war on the enemy state?
Turley is digging deep to find reasons to criticize Biden already, ignoring the fact that despite the pandemic raging out of control, including among those in his administration and the Secret Service, Trump has nothing to say, other than accusing Pfizer of intentionally withholding the press release about the vaccine just to hurt him politically. Trump still isn’t encouraging mask-wearing even as several cities are having to close down or limit the capacity of bars and restaurants. Then, there’s the fact that he won’t allow the Presidential Daily Briefing to be provided to Biden while he continues to make up lies about election fraud. All Turley has to offer is criticism of Biden for over-stating his authority. Well, at least he cares enough about the American people to try to help us prevent unnecessary deaths and illness.
A “national urging” campaign? Kind of like what our health authorities have already been doing?
Karen, yes while being countered and mocked by the ex-president.
Trump has never urged people to wear face masks.
@Karen, I think he meant to say a ‘national urges’ campaign.
You’re right, this has already been addressed (undressed?) at the local level. The LA County Health Department reports that there is no evidence that COVID is spread through an@l or v@ginal sex. But it is still important that we all practice safer sex in fun new ways. If you’re planning a play party, it is best pick a larger, open, well ventilated space. Avoid kissing, wear a mask, and use hand sanitzer.
http://publichealth.lacounty.gov/media/Coronavirus/docs/people/GuidanceSex.pdf
Right now a bartender from Bronx and her handlers are steering the Dems boat. She spends more time answering questions with the MSM then Joey B.
And, you believe this Republican/Trump lie about the Democratic Party because AOC gets the faithful stirred up. AOC represents just one district, and she is just one of several hundred members of Congress. Despite how many times Fox/Trump lie about it, AOC is NOT the face of the Democratic Party, which does not support and has not adopted her views on anything. Being female, non-White and in a position of power, she is the perfect tool to get the base riled up. Don’t you see how you are being manipulated?
In the end, the Biden voters will get little of what Biden promised, except that he is not Trump.
In return, they will lose many of Trump’s economic benefits and have the very real risk of a Harris presidency.
Not a good trade, but their choice.
Be interesting to watch the Biden voters justify their attitudes in four years when passions have subsided and reality hits home.
Biden voters knew exactly what they were getting, a boring, normal Democrat. Yes, the progressive wing will be greatly disappointed.Yes, this will give Harris an opportunity to prove herself. But Trump did not do anything positive for the long term economic health of our country. His corporate tax cuts artificially gave the economy a boost and his trade wars hurt the US. The economy was in good shape after Obama and continued on that same course till Trump messed up covid.
Correct Molly. +1
Molly:
You say that the progressive wing will be disappointed. No, Harris was the most liberal senator in 2019; she will please the progressives as much as she once pleased Willie Brown.
You folks were so determined to oust Trump that you voted for Harris, the first candidate to drop out of the primaries.
To oust Trum, you let the Democratic machine foist on the nation a candidate that you people had already rejected.
I can understand the emotion, I can’t respect the action.
Elections have consequences.
Glad to see you are accepting reality on the election monument and we can debate these issues over the next 4 years, including economic benefits. Trump’s empployment and GDP numbers before the pandemic were roughly equal to Obama’s last 3 years and that was with the hot check rich guy stimulus he passed in his 1st year, the benefits of which were already played out and the hangover in the addition to the national debt there for a decade or more.
Put on a damn mask or choose to walk around without the rest of your clothing.
Whether it’s a national mandate or an “urging”, just put on a mask. The president of a country needs to do whatever it takes to get population in line with solid public health guideline. We can save the ‘mandate’ versus ‘urging’ matter in a tut tut discussion for the higher ups in the Hunger Games.
” Whether it’s a national mandate . . .”
And while you’re at it, put everyone in jail. That’ll deter crime.
Innocent until proven guilty? Healthy until proven infected? Rights? The Constitution? They all vanish at the mere whisper of the word: “Covid.”
“[D]o whatever it takes to get population in line with solid public health guideline.”
As so ordered by Robespierre, for the Committee of Public Safety, this day in the Reign of Terror, April 1793
“And while you’re at it, put everyone in jail. That’ll deter crime.”
Your statement, not mine. I just advocate the use of masks during a pandemic. I’ll leave the abstraction up to you.
Do you object to seatbelt laws too?
Turley continues Trump water carrying by trying to first erode citizens’ confidence in our Democratic system and now by trying to erode trust in our President-elects ability to counter the pandemic which is raging now in flu season, as predicted. He writes:
“….they would simply “urge” states to follow suit. That again sounds like what is currently being done by the CDC.”
as if the CDC has any platform, bullhorn, or moral authority among 1/2 the population after Trump – who was not “urging” mask use – has been trashing it for a 6 months and while minimizing it’s authority.
Congratulations on becoming a complete and easily identifiable Trump hack Jonathan. You’re as predictable as our ex-President – hey, he’s not doing anything anymore, least of all dealing with the pandemic – and becoming partly responsible for the damaged institutions, citizens, and death he leaves in his wake.
In the words of Gomer Pyle, “Surprise, surprise!!”
Mandatory masks are America’s niqab.
Don’t be silly. They aren’t religious.
Do you object to seatbelt laws too? Do you see seatbelts as analogous to niqabs?
Anon: “They aren’t religious.”
Which is like saying that most marigolds are not like roses, because they are not perennials.
You might try looking at other common traits, to understand the analogy.
“Do you object to seatbelt laws too? Do you see seatbelts as analogous to niqabs?”
Those questions (and my replies) are irrelevant to the validity of the original analogy.
If you think it’s a good analogy, it’s up to you to explain why.
And if I believed that yours were an honest inquiry, I would. That you wrote “[d]on’t be silly,” and engaged in the fallacy of diversion, causes me to conclude that you do not have an honest desire to understand the analogy. (Besides, I gave you a clue to understanding it, with the flowers analogy.)
The evil that I wish to all those who voted for this misfortune that comes to us that I hope they rule with revenge I hope that the pain also reaches those who continue to dream of a socialist Utopia.
In other words, helping the poor and misfortunate is socialism. A national effort to protect people’s health and research cures for diseases is socialism. Cuba has an absolute dictator (family) that controls education, health and food distribution. I guess Trump is a socialist since he wants absolute power and complete control of everything in the United States and doesn’t want to help anyone.
I guess Trump is a socialist since he wants absolute power and complete control of everything in the United States and doesn’t want to help anyone.
Children guess like that all the time. But as they mature, they begin to develop a habit to make those guesses based on actual logic and reason. If you’ve already reached that age of development, then you’re likely never going to get there. Paint Chips can be your wingman.
I am Cuban and I have lived in America for 45 years I have never returned to my country I consider America my country but those who have those socialist ideas have no idea what that means here I see clearly in your comment that the word socialism for you is to help the poor, so what am I doing here and the rest of 3 million Cubans not counting the Venezuelans who believed in the socialist utopia and now are immigrants like me.
A reminder that on October 27, Trump tweeted “ALL THE FAKE NEWS MEDIA WANTS TO TALK ABOUT IS COVID, COVID, COVID. ON NOVEMBER 4th, YOU WON’T BE HEARING SO MUCH ABOUT IT ANYMORE. WE ARE ROUNDING THE TURN!!!”
Here we are, after November 4, and yesterday, there were a record number of new cases and a record number of hospitalizations:
https://twitter.com/COVID19Tracking/status/1327044583755280388
There’s also a record rate of increase in cases.
It’s getting worse, and Trump is doing nothing to address it. He should use the DPA to produce and distribute PPE and encourage everyone to wear masks. He should be pressuring the Republicans in the Senate to negotiate with the Democrats in the House. The economy will not recover until the pandemic is under control.
He is unfit. It’s astounding that he snookered so many people into supporting him.
More “tested” cases. How many more deaths? We are now being made to think that an increase in testing equals an increase in cases.
No, Alma, a record number of *confirmed* cases per day (newly diagnosed positives) and record high *hospitalizations*.
Click on the COVID19Tracking link in my initial comment to see the graphs.
Why do you only care about deaths and not about people who are in the hospital and who’ll have longterm health complications? Why do you only care about deaths and not about our being unable to recover economically until the transmission is under control? Do you not care about intensive care units that are completely full?
Wait Alma, I thought your leader said there’d be no more covid talk after 11/3. WTH?
By the way, note he is missing in action on this or any other issues the country is going through right now, including 8 service men dead in Egypt.
“The economy will not recover until” petty tyrants end their statist lockdowns. (There. Fixed it for you.)
You don’t repair a broken foot by removing a man’s limbs. (Unless, of course, you are not motivated by a desire to heal his foot.)
Happy Holidays Everyone….Check out this China virus hospital bill
Breaking down this ‘miracle’ COVID-19 survivor’s $1.1 million hospital bill
More than $400,000 for six weeks in the ICU, and $82,000 for a month on a ventilator
The 181-page book — sorry, bill — includes almost 3,000 itemized charges, averaging about 50 a day. The greatest expense by far was his 42-day stay in the ICU, totaling $408,912. His room had to be sealed, and was accessed only by medical staff wearing plastic suits and headgear, which cost $9,736 a day.
Flor also was hooked to a mechanical ventilator for 29 days, which at $2,835 a day ran up to $82,215.
There were two days when his heart, kidneys and lungs were all failing. And the bill for that touch-and-go period spans 20 pages and runs almost $100,000 in costs as doctors “were throwing everything at me they could think of,” Flor said.
I watched the interview with Klain on tv last night. He was quite impressive.
Masks:. Those who can: do. Those who can’t: teach. Those who can’t teach: teach teachers.
Wear your mask and don’t listen to your teachers if they say you don’t have to wear it.
Again with the lies JT. Biden did not say he was going to impose a mask mandate. He said he was going to do it on federal property and transportation (which already had a mask mandate so no change there).
Politicians of all political parties do this. The question is what is the motive? To benefit his Oath of Office or to enrich himself? In this dirty occupation, Biden seems better than most other politicians, although not perfect. Presidents cross the constitutional line all of the time until restrained by the Judicial Branch courts.
Urging, mandate, call it whatever. The fact is that we have a President right now who has been responsible for personally spreading the virus. His election night massless party is resulting in a lot of cases, just as his massless gathering for Justice Barrett resulted in a lot of cases, just like his massless rallies resulted in a lot of cases, and the death of Herman Cain. So the fact that the President-elect is going to take an unapologetically pro-mask position can only help control the spread of this disease until a vaccine can become widely available. The fact that we will no longer have a President who sees going massless as a political statement can only help.
“The fact is that we have a President right now who has been responsible for personally spreading the virus.”
Why yes I remember him running through the rallies with a Flit Gun in hand spraying the attendees.
Right, get a grip pal!
“Why yes I remember him running through the rallies with a Flit Gun in hand spraying the attendees.”
Would’ve effectively done the same thing and saved him time for him to do this and amplify his intended purpose. Trump is the single biggest stumbling block to containing covid.
Joe and Jill will have to stay at the Holiday Inn the night of Jan 20 after setting off some bug bombs in the WH. Maybe they should have it tented.
Tell us all about “Hammer” and “Scorecard” it’s affect on a U.S. election?
BIDEN and Your Staff and ADVISORS your all a bunch of CORRUPT LIARS….. BIDEN HAS NO IDEA WHERE HE IS?? HE is A Stooge for the people behind him. His Admin. if he is officially declared the winner, suggest Trump has a good case to say otherwise, will go down in History as the Worst and the most Corrupt Admin in history and the DEM’s will pay for it in 2022 and 2024
This is a general comment, not associated with a particular blog post by Mr Turley.
The fact that this blog has 46MM+ views tells me that people are desperate for vital, non-agenda, well-informed and insightful news/opinion. Even that with which we may not agree. It is appalling to me that MSM sources don’t grasp this.
Jonathan wrote, “Now, Biden is emphasizing the mandate in his transition by this new Chief of Staff Ron Klain seemed to make a considerable qualification last night in an interview with MSNBC Lawrence O’Donnell. Klain is now clarifying that the Biden Administration would fulfill its promise of a nation mandate only “where the federal authority extends.” He then added that they would urge simply “urge” states to follow suit.”
Biden is an empty suit sock puppet of the progressive left.
Biden knowingly lied to the people of the United States with his national mask mandate propaganda, everyone that knows anything about how the United States works knows that the Federal government cannot mandate such a thing. Since Biden has been part of the United States government for over 40 years we can rightly assume that Biden knows how the United States government works so it’s completely fair to say that Biden knowingly lied about this to appeal to the ignorance of his base.
Like all “good” politicians; Biden was saying whatever he could to demonize President Trump and elevate his campaign even if he lied.
Trump lies all the time. I’m sure that you also say that Trump was saying whatever he could to demonize Biden and elevate his campaign even if he lied.
Anonymous wrote, “I’m sure that you also say that Trump was saying whatever he could to demonize Biden and elevate his campaign even if he lied.”
Yup, I say that too.
I’m curious why you deflected to that, it doesn’t justify Biden’s lies.
I object to Biden’s lies when he lies. Biden doesn’t lie nearly as much as Trump does, and it’s not clear to me that he was lying here –
https://www.cnn.com/2020/11/01/politics/mask-mandate-fact-check/index.html